Whether an agreement regarding jurisdiction is valid ? is a party bound to file suit only before the court mentioned in the agreement ?
PC Agrawal (Company Secretary) 17 June 2009
In case law permits filing suit in any of the two or more courts, in that case parties can agree that only one of these courts (as specified in the agreement) will have jurisdiction over such contract. Such clause however will not be binding if the specified court does not have any jurisdiction over the issue. For example, if the seller is in Mumbai and the buyer is in Delhi, suit for recovery can be filed either in Mumbai or in Delhi. However, the parties by agreement cannot provide that the court in Kolkatta will have jurisdiction over the issue.
shonith (Law Officer) 19 June 2009
Whether we file a suit for recovery of money/movables in the place of business of Seller?
Sushil Kumar Bhatia (Advocate) 22 June 2009
In an agreement if the pecuniary jurisdiction of dispute is mentioned then particular court shall have jurisdiction
jayaveladvocate (Lawyer) 26 June 2009
The word exclusive jurisdiction must be found unless the agreement conferring jurisdiction is mere declaration of legal position